Date of last revision: May 20, 2012
In agreeing with these Terms, you represent and warrant that you are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements. If you are under eighteen (18), then you may only use MyCaliforniaCannabis.com with the consent of your parent or legal guardian. If you are under thirteen (13) years of age, you should not use MyCaliforniaCannabis.com.
All information, content, services and software displayed on, transmitted through, or used in connection with our Service, with the exception of User Content as defined below, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by MyCaliforniaCannabis.com (“MyCC”), and/or its affiliated businesses, licensors and suppliers (excluding any “User Content,” as defined below, which may be owned by others). The Service is protected by copyright, trademark and other intellectual property laws of the United States of America and applicable international intellectual property laws.
Except where noted, content on MyCC is licensed for non-commercial use under a Creative Commons License. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. The full terms of the license are at http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode.
MyCC may compile aggregated news content from outside sources. All names of people, trademarks, service marks, company names and brand names are property of their respective owners and are used in editorial commentary as permitted by law. MyCC provides backlinks to aggregated content so that readers can determine the appropriate copyright owner(s) as needed.
Registration is not required to view certain Content. However, you may be required to register if you wish to post a comment, upload a media file such as a photo or video, use certain features of our user forums, or to view certain other Content.
If you become a Registered Member of MyCC, you accept responsibility for all activities that occur under your Registration Account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of our Service if individuals from more than one household access our Service using any single Registration Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access our Service using your name in whole or in part without our permission.
If you believe someone has accessed our Service using your Registration Account and password without your authorization, please contact MyCC.
Use of information
You acknowledge, consent and agree that MyCC may preserve and disclose your Registration Account information and the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary to comply with legal process, such as a court order, search warrant, or subpoena; to enforce the terms of this Agreement; to render service you request; to protect the rights or property of MyCC and its third party suppliers and licensors; or in circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or others.
Intellectual property rights
We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We will terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached using the contact page.
Any comments, posts, feedback, notes, messages, images, audio, materials, ideas, suggestions or other communications you submit on or through the Service (collectively “User Content”) are not private. By submitting User Content on or through the Service, you grant MyCC and its affiliates an irrevocable, royalty-free, worldwide, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works based upon such User Content, in any form, media, software or technology of any kind now existing or developed in the future.
Interactive areas of the Service
The liveblogs, story comments and other interactive areas of the Service are provided to users as interesting and stimulating forums to express their opinions and share ideas and information. We encourage free speech and the exchange of ideas, but only insofar as they do not violate or conflict with the rights of MyCC as the owner and operator of MyCaliforniaCannabis.com. By using these areas of the Service, you are participating in a community that is intended for all of our users, and as such you agree to be bound by the rules and limitations governing those areas of our Service. You further acknowledge that other venues exist, both online and offline, where your ideas and opinions can be expressed freely without the rules and limitations imposed by our Service.
Therefore, we reserve the right, but undertake no duty, to review, edit, move, or delete any User Content provided for display or placed on the Service, at our sole and absolute discretion, without notice to the person who submitted such User Content.
MyCC will immediately delete any photo or video that depicts any children under the age of 13, regardless of whether you have permission from the child’s parent or guardian to provide such User Content to us. Should you find such User Content on our Service, please contact MyCC and provide the relevant link(s) to the User Content.
You may be held liable for any illegal or prohibited User Content made accessible on or through the Service or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Service is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, e-mail or otherwise make accessible on or through the Service any User Content that:
- Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another’s privacy, hateful, or malicious;
- Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
- Is or could be harmful to minors;
- Is a video, photo or digital likeness depicting any child or children under the age of 13, regardless of whether you have permission from the child’s parent or guardian to provide such User Content to us;
- Harasses or advocates harassment of another person;
- Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
- Promotes information that you know is false, misleading, or promotes illegal activities or conduct;
- Is or promotes an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
- Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
- Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;
- Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by MyCC or any other party;
- Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or
- Otherwise violates any local, state, national or other applicable law or regulation.
In addition, you may not, in connection with your use of the Service:
- Impersonate any person or entity or falsely misrepresent your affiliation with any other person or entity;
- Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted on or through the Service;
- Engage in commercial activities and/or sales without our prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;
- Post or transmit any Content that you do not have the right to post or transmit;
- Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
- Disrupt the ordinary flow and operation of any portion of the Service, including causing a screen to scroll faster than another user may be able to type in a chat room or bulletin board environment;
- Interfere with or disrupt the Service or any server or network involved with the operation of the Service;
- Stalk or harass any other person; or
- Collect or “harvest” from the Service the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.
If you discover this kind of material or activity on the Service, please contact MyCC immediately. We do not support, endorse nor tolerate any of the foregoing material or activity.
Given the nature of the Service and the volume of User Content we receive, we cannot and do not monitor all User Content or other materials posted or transmitted by users and third-party information providers. To protect your safety, please use your best judgment when using interactive areas of the Service. We particularly discourage divulging Personal Information when you participate in interactive areas of the Service. You do so at your own risk.
We do not necessarily endorse, support, sanction, encourage, verify, or agree with statements posted on the interactive areas of the Service. Any such statements are the views and responsibility of those who posted them, and do not necessarily represent our views. You agree that we are not responsible, and shall have no liability to you whatsoever, with respect to any such statements.
Third-party Web sites and resources
The Service may provide links to or automatically produce search results for third-party Web sites or resources or third-party information referencing or linking to third-party Web sites or resources. We have no control over such third-party Web sites and resources, and you acknowledge and agree that we are not responsible for the content or information contained therein. We cannot and do not guarantee, represent or warrant that the content or information contained in such third-party Web sites and resources is accurate, legal, noninfringing or inoffensive. We do not endorse the content or information of any third-party Web site or resource and, further, we do not warrant that such Web sites or resources will not contain viruses or other malicious code or will not otherwise affect your computer. By using the Service to search for or link to a third-party Web site, you agree and understand that we shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of, or reliance on, the Service to obtain search results or to link to a third-party Web site. However, if you have a problem with a link from the Service, please contact MyCC.
Disclaimer of warranty; limitation of liability
Although we try to provide accurate information on the Service, the materials may contain inaccuracies, errors and typographical errors. MyCC and its affiliates do not warrant the accuracy or completeness of the Content contained on the Service. We may make changes to the Content at any time without notice and make no commitment to update the Content.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE, THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, AND THE SOFTWARE MADE AVAILABLE ON OR THROUGH THE SERVICE, IF ANY, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND MYCALIFORNIACANNABIS.COM AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
MYCC AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. MYCALIFORNIACANNABIS.COM AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT OR OTHER CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD-PARTY, OR FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYCALIFORNIACANNABIS.COM AND ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYCC OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, MYCALIFORNIACANNABIS.COM AND ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE OF THE SERVICE; (2) MYCC’S OR ITS AFFILIATES’ USE OF ANY USER CONTENT OR INFORMATION PROVIDED BY YOU; (3) USER CONTENT OR INFORMATION POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate this Agreement, your registration for any program offered on the Service, your ability to access the Service, and to remove any User Content, for any reason, including without limitation any breach by you of this Agreement or conduct by you that we determine to be inappropriate. You agree that MyCC and its affiliates shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
MyCaliforniaCannabis.com may at any time transfer its rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliates, or to any entity that acquires MyCC or any of its assets.
The Service is controlled, operated and administered by MyCC from within the United States. We make no representation or warranty that the Content available on the Service is appropriate or available for use at other locations outside of the United States. If you use the Service in a jurisdiction that prohibits or restricts the use of the Service, you agree that your use of the Service will be at your own risk, without limitation of any other provision of this Agreement, and that MyCC and its affiliates shall not have any liability with respect to such use. Software from this Service may be subject to United States export controls. You may not use the Service or export software from this Service in violation of United States export laws and regulations.